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Re G (a Child) [2013] EWCA Civ 965 (30 July 2013)

Following the Supreme Court judgments in Re B the court took the opportunity when allowing a Mother’s second appeal against the making of care orders to address the more rigorous standards of judicial scrutiny required in undertaking the balancing exercise as to whether a public law order is necessary. When considering the welfare checklist the court must consider the effects both positive and negative of all potential care alternatives i.e. the positives and negatives of long-term foster care as well as the positives and negatives of a return to parental care. So that the capacity of the local authority as a corporate parent is considered alongside the capacity of the parents. An important judgment to have to hand if representing parents in care proceedings.